Improper Bottling of Distilled Spirits
Under Certificates of Exemption from
Label Approval in Non-Standard Size
Distillers, rectifiers and
1. This circular is being issued to provide information
to all bottlers of distilled spirits concerning 26 CFR 175.2
which provides that the size and filling of bottles contained
in 27 CFR Part 5 (Regulations No. 5 under the Federal Alcohol
Administration Act, Relating to Labeling and Advertising of
Distilled Spirits) are extended to and made a part of the
regulations pertaining to traffic in containers of distilled
2. This provision is not applicable to containers of a
capacity less than 1/2 pint, as a "container" in 26 CFR 175.11
is defined as a vessel of a capacity of not less than 1/2 pint
and not more than 5 wine gallons designed or intended for use
for the sale of distilled spirits for other than industrial use.
3. Under the provisions of 26 CFR Part 175 distilled
spirits which are subject to the standards of fill prescribed
in 27 CFR 5.73, namely, 1 gallon, 1/2 gallon, 1 quart, 4/5 quart,
1 pint, 1/2 pint, and for Scotch and Irish Whiskey and Scotch type
whisky and for brandy and rum, 4/5 pint, may not be packaged in
other size containers under certificates of exemption from label
approval, regardless of whether or not they are permitted by the
laws and regulations of the state in which the sale of such
distilled spirits would be made.
4. Appropriate steps are being taken to terminate the
improper packaging of distilled spirits by any permittees who
have undertaken such operations because of their unfamiliarity
with existing regulations.
5. Inquiries in regard to this industry circular should
refer to the number thereof and to the symbols: 0:AT:BP.
Dwight E. Avis
Director, Alcohol and Tobacco Tax Division.